1. The Central Food Technological Research Institute, (Council of Scientific and Industrial Research), Represented by the Controller of Administration, Mysore – 570 020.

2. The Council for Scientific and Industrial Research Anusandan Bhawan, No.2, Rati Marg, New Delhi – 110 001. Represented by the Director General. ...Respondents

O R D E R (ORAL)

HON'BLE SMT. LEENA MEHENDALE ...MEMBER(A)

In this particular case the applicant was employed in the CFTRI, Mysore under Government of India. She was appointed against the post of OBC on 31.12.2007 but was terminated on 4.1.2011 (about three years later). The ground for termination as alleged in the OA is that “the applicant had obtained a caste certificate from the Tahsildar, Mysore, for the purpose of employment and she was issued an OBC certificate, since her caste was coming under OBC category under the State Government. The applicant in her application had indicated her category as OBC and had enclosed a caste certificate in Form-F issued by the Tahsildar, Mysore. However, no copy of the said certificate from Tahsildar is annexed. So, the veracity of the above statement could not be ascertained. However, on perusal of Annexure-A/7, which is a letter of the office the District Backward Classes and Minorities Welfare, Mysore, dated 08.10.2010 addressed to the Administrative Officer, CFTRI, Mysore, simply mentions that “with reference to the order of the Central Government, the caste Lingayath is not included in the list of BOC. Hence, you are informed that the said candidate is not entitled for claiming reservation. the Lingayath community does not qualify as OBC in terms of the Schedule as other backward classes.

2. The terms and conditions of the appointment for Assistant Grade III to which the applicant was appointed were also produced by the learned Counsel today and it is seen there from that the appointment was subject to the production of valid OBC certificate from a competent authority among other documents.

3. The learned Counsel argued that once a certificate from a Tahsildar was produced it was the duty of the concerned department to reject it at the time of appointment itself and not give appointment. After having given the appointment order and after the applicant has already put in 3 years of service, the department is not lawfully allowed to terminate her service on the ground that she does not belong to the OBC against which quota she was appointed.

4. We cannot accept the plea of the learned Counsel for the applicant for the reason that the concerned vacancy was meant for candidates belonging to other backward classes community. The grave injustice is caused to that community and in general one opportunity for the employment is taken away by another candidate not belonging to that category. The wrong decision of appointment of non OBC on an vacancy reserved for OBC cannot be allowed to perpetrate once the said irregularity comes to notice. It is not the case of the applicant that having obtained the certificate of belonging to Lingayath community from the Office of the District Backward Classes and Minorities Welfare, Mysore, she automatically becomes entitled to all the benefits meant for OBC irrespective of whether she belongs to that community or not. Hence we have no hesitation in dismissing the OA at the stage of admission. It is open for the applicant to approach the CFTRI to accommodate her against any vacancy in the open category, if permitted under Rules.

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